Strictest And Most Lenient States On DUI

Aug 10, 2017 | Alina Comoreanu, Senior Researcher

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Drunk driving takes a terrible toll on the United States – one measured not only in dollars, but also far more importantly, in lives lost. It was to blame for 29% of motor vehicle fatalities in 2015, according to the latest data from the National Highway Traffic Safety Administration. It claims roughly 10,000 lives per year. And it costs Americans more than $44 billion annually.

There is good news, though. Drunk-driving fatalities dropped by 57% from 1982 to 2014, according to the NHTSA, as states have cracked down on the practice. As a result, motor vehicle crashes are no longer among America’s top 10 causes of death.

But which states are taking the most aggressive stance toward “driving under the influence” (DUI) and “driving while intoxicated” (DWI)? To find out, WalletHub compared the drunk driving penalties in all 50 states and D.C. You can find a complete breakdown below.

* These states offer Pre-Trial Diversion programs for first time offenders. The programs are often in the form of alcohol treatment/rehabilitation and are offered as an alternative to prosecution, eligibility may vary.
** In these states a judge can waive minimum sentence at his discretion.
*** Minimum sentences can be reduced or waived by community service or drug / alcohol treatment / education.

Ask The Experts: Combating Impaired Driving

The incidence of drunk driving has declined dramatically in the last three decades, but impaired drivers are still responsible for 10,000 deaths annually. Clearly more can be done to protect Americans from irresponsible motorists.

To find out how, we turned to panel of legal experts to help us understand the best options for keeping impaired drivers off the roads.

What are the major factors that are responsible for the decline in drunk driving fatalities since the 1980s?

What is the most effective policy that states should consider to reduce drunk driving rates further?

What steps can individuals take to prevent friends and loved ones from driving drunk?

Four states and D.C. have legalized the use of marijuana. Does marijuana impair driving, and how can law enforcement test for it?

Methodology

WalletHub examined 15 key metrics to identify the strictest and most lenient states for DUI offenses.

The metrics we used and our weighting of them are detailed below. Please note that in considering minimum penalties for DUI conviction, we did not take into account a judge’s potential ability to reduce or suspend the sentence at his or her own discretion, as doing so would reflect unreliable subjectivity, especially given the lack of data on the frequency with which judges exercise this option.

Criminal Penalties:

A) Minimum jail time (for 1st conviction, minimum sentence only)

10 days and over (10 points)

8 - 9 days (8 points)

6 -7 days (6 points)

4 - 5 days (4 points)

2 – 3 days (2 points)

0 - 1 day (0 points)

B) Minimum jail time (for 2nd conviction, minimum sentence only)

60 days and over (7 points)

50 - 59 days (6 points)

40 - 49 days (5 points)

30 - 39 days (4 points)

20 - 29 days (3 points)

10 - 19 days (1 point)

Under 10 days (0 points)

When is DUI automatically considered a felony?

2nd offense (5 points)

3rd offense (4 points)

4th offense (2 points)

5th offense (1 point)

Never (0 points)

How long does a previous DUI factor into penalties for a new DUI?

More than 12 years (4 points)

12 years (3 points)

10 years (2 points)

7 years (1 point)

Under 7 years (0 points)

Are there additional penalties for high BAC?

Over 0.10 (3 points)

Over 0.15 (2 points)

Over 0.16 or higher (1 point)

No (0 points)

A) Minimum fine (for 1st conviction, minimum sentence only)

$1000 and over (3 points)

$600 - $999 (2 points)

$200 - $599 (1 point)

Under $200 (0 points)

B) Minimum fine (for 2nd conviction, minimum sentence only)

$2000 and over (2 points)

$1200 - $1999 (1 point)

$400 - $1199 (0.5 points)

Under $400 (0 points)

Protection against child endangerment

Yes (1 point)

No (0 points)

Prevention:

When is an ignition interlock mandatory?

1st conviction with 0.08 BAC (5 points)

1st conviction with 0.10 BAC (4 points)

1st conviction with 0.15 BAC (3 points)

2nd conviction (2 points)

Not mandatory (0 points)

Is there an “administrative” license suspension after arrest (and before conviction)?

The final rankings were determined based on the total number of points each state accumulated. The highest score, correlating to the strictest state, was ranked first. Point totals were ultimately converted to percentages for comparison purposes.

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Community Discussion

Like this report indicates, getting a DUI charge today is even more strict under the new laws in every state. As discussed further at FightDUICharges.com a driver convicted of a first offense DUI will have to get the Ignition Interlock device installed, unless it can be avoided with proper legal help after an arrest review.

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Anonymous

August 24, 2017

IL look back period is your lifetime!! 3rd automatic felony 4th loss of license for life!!

@garyawarner

The article focuses on fines and minimum penalties, without painting a picture of how severely impacted your life will be, especially for repeat offenders. In my state, a first DUI means mandatory loss of license for 90 days, 10 days in county jail (often reduced to either 7 or less), fines & a mandatory ignition interlock for 6 months -- which is not only expensive, but is designed to get you violated & back in court, even if you don't attempt to drive after drinking.
A second offense can easily result in a felony aggravated DUI charge, with a typical sentence of 2.5 years in prison. Hey, you might get lucky and only get 6 months, or if you have priors you could get a lot more than 2.5 years. Either way, you lose your job, probably your house too. It's a life-altering mistake, so just don't do it. Uber & Lyft are cheap. If you can afford the drinks, you can afford the ride home.

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@_awthorne_91

September 9, 2016

Not sure how much to trust the info in this article, as the colored map on states requiring treatment for DUI conviction doesn't show Washington included. The "37 states" should probably be 38 unless WA was included and forgot to be colored in properly.

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@skm885ski

March 8, 2016

What about South Dakota's 24/7 Sobriety Project? How is this state at the bottom of the list?

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@_ina

February 11, 2016

I see no stays for 'deaths' caused by drunk/drugged offender. I need stats as my son was killed by a drunk/9x vicodin dosed driver and in CA tge max she can get is 9 years for poorly written laws. Need help I vow to go after the laws .. Miss my baby boy every day

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Anonymous

December 18, 2015

This is one of the worst laws ever written/enacted. What other crime increases the penalty for subsequent offenses? It goes against everything our country stands for...punishment (jail, fine, etc) is supposed to reform individuals but this law ignores that. Just think about this: 2 guys with the same BAC are pulled over and arrested for dui; guy A has a previous record of duis so he gets sentenced to jail time and has a misdemeanor or felony on his record now; guy B had no previous record (he never got caught) so he gets a fine and a slap on the wrist. Justice? I see none. And I'm not even going to get into how more accidents are caused by "sober" drivers... (by sober I mean no alcohol in their system).

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@

December 18, 2015

This is one of the worst laws ever written/enacted. What other crime increases the penalty for subsequent offenses? It goes against everything our country stands for...punishment (jail, fine, etc) is supposed to reform individuals but this law ignores that. Just think about this: 2 guys with the same BAC are pulled over and arrested for dui; guy A has a previous record of duis so he gets sentenced to jail time and has a misdemeanor or felony on his record now; guy B had no previous record (he never got caught) so he gets a fine and a slap on the wrist. Justice? I see none. And I'm not even going to get into how more accidents are caused by "sober" drivers... (by sober I mean no alcohol in their system).

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Anonymous

December 10, 2015

MADD is a well meaning but is a very well funded special interest group. Maybe some of these stupid laws are why we have so many non violent offenders in our jails. The money could be better spent giving away uber rides

@: This law is way over the top. The crime does not at all fit the punishment. I literally lingered around and waited 5.5 hours before driving and was COMPETELY FINE to drive. The only mistake I made was driving late at night...everyone else left directly after having cocktails to avoid driving late and therefore being pulled over. Based on what your lawyer is saying I can tell you right now you need a new lawyer. You need someone not afraid to fight and appeal. My lawyer said the same crap. We have a right to defend our reputations. Prayers for you. Too much is on the line to be measured with a machine that assumes everyone is exact ly the same. Not to mention the fact that the machine can have every problem in the book. Minen threw two errors during testing and had been taken out of service twice...and the number it finally comes up with is right???? This is a crying shame. I'm $19,000 into my fines and fees. For what???? Doing the right thing and waiting to drive???? And I get ti be lumped in with all the real people out driving and driving like goofballs???

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@drkdecker

May 10, 2018

You’re right MADD was well meaning but like everything else in our world it becomes all about power and greed. Many innocent first time offenders are getting their “living” lives destroyed all the while their due process and 4th amendment rights are being severely violated. I blew a .09 after having one glass of wine. Wasn’t impaired and stupid me I told the truth to the officer that I had had a glass of wine. Obviously the breathalyzer was invalid have paid more than 13,000 so far in legal bills trying to challenge the “science” of these faulty machines and recently my attorney said that if we go to trial the judge isn’t going to be “happy” and I could get a more severe punishment! Really! Now our justice system isn’t being neutral and allowing a “fair” trial! No wonder people are so angry these days..it’s due to all of the abuse of power that our government is executing. Who would ever want to move to the US. It’s smoke and mirrors!

The law should be 30 days first time, 180 days second (six months) also second crime made a class one felony, license pulled for one full year first time, it is shameful ohio is as low as #41 and does not take this crime seriously.

As shown in this recent study, and further discussed at http://www.fightduicharges.com/ the cost to fight a DUI charge is high and so are the new strict DUI penalties for a conviction that are frequently being added in every state. It is simply not worth driving under the influence, and be a safety risk to other people on the road by taking the needless chance of getting a DUI in the first place.

@taryn_j_white: Absolutely, I have a good idea , I got preserved and lost my train of thinking and now am shackled with an. after having past DUIs over 17 years ago and 30 years ago we need ro revise this system of Punishment

@taryn_j_white: We need to start a group focused on reforming this law fur those of us wrongly accused. It\'s funny that there are people who think there should be more of a price to pay under every circumstance. The price you pay for this is through the roof. On your record for a lifetime??? Such a permanent consequence for a flawed unit of measure at best. Why have a legal limit??? Why not change the law and say if you\'ve had one drop of alcohol in the last 12 hours before driving its a DUI? That way it takes the guess work on the part of the drivers. The fact is almost no one knows their blood alcohol level. There isn\'t a machine when you are out to dinner that says...yep....you are under the legal limit...go ahead and drive. If you feel zero affects from the drinks after waiting why wouldn\'t you drive??? This makes no sense at all.

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@drkdecker

May 10, 2018

If states truly care about people drinking and driving then they should really go after the bars and restaurants instead of people who may have had a glass of wine or a beer at dinner. But oh no...that would hurt the $ revenue for that county or state and large national food chains would be in an uproar as that would hugely impact their bottom line as beverage costs way exceed food costs. Do you know that it is cheaper at Buffalo Wild Wings to purchase a 16 oz beer versus a 12 oz one?? This is crazy..the restaurant is actually encouraging and financially rewarding individuals to drink more. DUI laws need to be seriously looked at and dealt with in a common sense way. But I guess common sense isn’t so common any longer. Probably why 20% of the population already has a DUI conviction on their record.